Sheet 42 - Authorization of residence of the person accompanying a minor or with a disability not born in Spain

* The content of this page is for guidance only. Only the provisions of the regulations in force at the time of submission of the application are applicable.

Last Updated: May 2025

Index of contents

  • Type of Authorization
  • Basic regulations
  • Requirements
  • Exigible documentation
  • Procedure

TYPE OF AUTHORISATION

It is a temporary residence permit that may be granted to foreign persons when they are:

  • Unmarried and minors not born in Spain, who are biological or adoptive children, of foreign persons with legal residence in Spain, or
  • Older children with a disability not born in Spain and are not objectively able to provide their own needs due to their state of health, or
  • Children of one of only one of the spouses or members of the couple who exercise parental authority in solitary (exclusive custody or authorization of the transfer of residence of the minor to Spain by the other parent when they have shared custody), or
  • Unmarried and minors not born in Spain who at the time of the application are accompanied by the foreign person residing in Spain who legally exercises his guardianship, provided that this relationship has been established in accordance with the Spanish legal system.

As long as the minor or disabled person has not constituted his/her own family unit.

 

BASIC REGULATIONS

  • Organic Law 4/2000, of 11 January, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (articles 16 to 19 and 31).
  • Regulation of Organic Law 4/2000, approved by Royal Decree 1155/2024, of 19 November (articles 65 to 71 and 160).
  • Instructions DGM 4/2020 on the flexibility of the requirement of sufficient means in the processing of residence permits for family reunification.

REQUIREMENTS

  • Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or a family member of citizens of these countries to which the regime of citizen of the Union applies.
  • Certify a continuous and uninterrupted stay in Spain in the two years prior to the date of submission of the application.
  • The submission of the application will be admitted while the residence authorization of the parent or guardian is in process.
  • When the minor is of compulsory school age, it must be proven that he/she is enrolled in an authorized official school.
  • Pay the fee corresponding to the processing of the procedure.

EXIGIBLE DOCUMENTATION

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application.

  • Application form in official model (EX-25) duly completed and signed by the minor ' s father, mother or guardian.
  • Copy of the full passport, travel document or registration card in force of both the minor and the requesting parent or guardian.
  • Copy of the birth certificate of the minor or the documentation accrediting the guardianship.
  • Certificate certifying that you have been enrolled in a teaching centre, if applicable.
  • Form of Declaration of Compliance with the Obligation to Educate Children in Charge in Spain.

The Declaration form can be downloaded from this page.

    • Documentation accrediting the continuous and uninterrupted stay in Spain for a minimum of two years.
  • Documentation accrediting the disability (when it occurs).
  • The presentation of the declaration or authorization of the other parent will be required so that the child can reside in Spain, except that the parent who is the applicant has custody exclusively or has judicial authorization; in such cases they will provide the documentation that attests to these circumstances.
  • Documentation accrediting economic means and accommodation required in article 67 of Royal Decree 1155/2024 (requirements of family reunification, without visa).

Important note: when documents are provided from other countries they must be translated into Spanish or co-official language of the territory where the application is submitted by a sworn translator.

List of sworn translators.

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which the document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation except in the case where the document has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and unless the document is exempt from legalization under the International Convention.

Information on the translation and legalization of documents.

PROCEDURE

  • Subject entitled to submit the application: any of the parents who hold a residence permit described in the Aliens Regulations (Royal Decree 1155/2024).
  • Place of presentation:
  • In person, at the Aliens Office of the province in which the minor or disabled foreign person has fixed the domicile.

Information of the address, telephones and hours of attention to the public.

  • Corresponding fee: will accrue at the time of submission of the application, and must be paid within ten working days:
    • Model 790 code 052, heading 2.1.5. “Initial authorization of temporary residence of accompanied foreign minors”.

The subscription form can be downloaded from this page.

  • Time limit for resolution and notification of the application: one month from the day following the date on which it entered the register of the body competent to process the application. Without prejudice to the decision that the Administration must issue, the expiration of the maximum period without having notified an express decision, legitimises to understand it dismissed by administrative silence. (When it has not been possible to notify the resolution it will be announced in the Single Edictal Board (TEU). If you have opted for electronic notification or if you are legally obliged to use that medium, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within 10 calendar days from its publication, it will be given by notification).
  • The authorization granted will be valid for five years.
  • The residence authorization granted will enable them to work without any formalities when the holders reach the working age.
  • Within one month of notification, the alien must personally apply for the alien identity card at the competent police station or police services in his/her place of residence. If the foreign person is a minor, he will be accompanied by one of his parents or guardians.

The documentation to be provided in the application for the alien identity card can be consulted at the following link:

https://sede.administracionespublicas.gob.es/procedimientos/index/categoria/34